§ 64.710   Operator services for prison inmate phones.

   (a) Each provider of inmate operator services shall:

   (1) Identify itself and disclose, audibly and distinctly to the consumer, at
   no charge and before connecting any interstate, non-access code operator
   service  call, how to obtain the total cost of the call, including any
   surcharge or premises-imposed-fee. The oral disclosure required in this
   paragraph shall instruct consumers that they may obtain applicable rate and
   surcharge  quotations  either, at the option of the provider of inmate
   operator services, by dialing no more than two digits or by remaining on the
   line. The phrase “total cost of the call,” as used in this paragraph, means
   both  the variable (duration-based) charges for the call and the total
   per-call charges, exclusive of taxes, that the carrier, or its billing
   agent, may collect from the consumer for the call. Such phrase shall include
   any per-call surcharge imposed by the correctional institution, unless it is
   subject  to  regulation  itself  as a common carrier for imposing such
   surcharges,  if  the contract between the carrier and the correctional
   institution prohibits both resale and the use of pre-paid calling card
   arrangements.

   (2) Permit the consumer to terminate the telephone call at no charge before
   the call is connected; and

   (3) Disclose immediately to the consumer, upon request and at no charge to
   the consumer—

   (i)  The  methods  by  which its rates or charges for the call will be
   collected; and

   (ii) The methods by which complaints concerning such rates, charges or
   collection practices will be resolved.

   (b) As used in this subpart:

   (1) Consumer means the party to be billed for any interstate call from an
   inmate telephone;

   (2) Inmate telephone means a telephone instrument set aside by authorities
   of a prison or other correctional institution for use by inmates.

   (3) Inmate operator services means any interstate telecommunications service
   initiated  from an inmate telephone that includes, as a component, any
   automatic  or  live assistance to a consumer to arrange for billing or
   completion, or both, of an interstate telephone call through a method other
   than:

   (i) Automatic completion with billing to the telephone from which the call
   originated; or

   (ii) Completion through an access code used by the consumer, with billing to
   an account previously established with the carrier by the consumer;

   (4) Provider of inmate operator services means any common carrier that
   provides outbound interstate operator services from inmate telephones.

   [ 63 FR 11617 , Mar. 10, 1998, as amended at  67 FR 2820 , Jan. 22, 2002]

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Subpart H—Extension of Unsecured Credit for Interstate and Foreign
Communications Services to Candidates for Federal Office

   Authority: Secs. 4, 201, 202, 203, 218, 219, 48 Stat. 1066, 1070, 1077; 47
   U.S.C. 154, 201, 202, 203, 218, 219; sec. 401, 86 Stat. 19; 2 U.S.C. 451.

   Source:  37 FR 9393 , May 10, 1972, unless otherwise noted.

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